Mirmehdi

AMENDED MEMORANDUM *

This appeal is brought by MohammadReza Mirmehdi, Mohsen Mirmehdi, Mosta *741 fa Mirmehdi, and Mojtaba Mirmehdi, four brothers from Iran. The issue before us is whether the district court properly denied the Mirmehdis’ 28 U.S.C. § 2254 habeas petitions alleging improper revocation of bond and subsequent detention without bond during the brothers’ ongoing removal proceedings.

Separate from the bond proceeding, the Mirmehdis’ removal proceedings moved forward on a parallel track. All four brothers were denied asylum but granted withholding of removal by immigration judges (“IJ”). Mohammad-Reza Mirmehdi and Mohsen Mirmehdi appealed the denial of asylum to the Board of Immigration Appeals (“BIA”). Mostafa Mirmehdi and Mojtaba Mirmehdi did not appeal their asylum decisions. The government appealed the withholding of removal decisions. On August 20, 2004, the BIA affirmed the IJ’s denial of the asylum claims and granting of withholding of removal.

Mostafa Mirmehdi and Mojtaba Mirmehdi

Mostafa Mirmehdi and Mojtaba Mirmehdi did not appeal the denial of their asylum claims. They were ordered removed, although their removal was stayed. They have no right of appeal…